"PaSh (Web Service Name)" Subscription Terms

Yellow Navy Co., Ltd. (hereinafter referred to as "the Company") provides users with a " PaSh (web service name)" subscription based on this agreement.

This subscription term is to specify how to use PaSh to Yellow Navy Co., Ltd. customers. The users must agree to the following terms in order to use PaSh’s service. 

Article 1 (Purpose)

  1. This agreement, together with the contents of the application form submitted by the user, constitutes the subscription terms of this service (hereinafter referred to as "this contract").
  2. This agreement may be changed at any time without the prior consent of the user, and the changed effect of this agreement shall occur from the time when it is released by the method prescribed by the Company.

Article 2 (Definition)

The definitions of each term in this agreement are as follows:
  1. "User" means a corporation that uses this service.
  2. "Services” are the online applications and platforms under the name of PaSh(web service name), owned by this Company.
  3. "User Guide" means the operation manual of this service posted on the website designated by our company. The user guide shall be updated from time to time without the prior consent of the user.
  4. "Paid service" means this service provided by the Company for a fee in accordance with this agreement and this contract based on the user's application.
  5. "Subscription" means a license that the user purchases from us by ordering or applying, with which the user can use this service for a certain period of time.
  6. "The user" means a corporation or individual who has approved the use of this service and has been given a user ID and password. The User is limited to the User's employees and the agents specified by the User and authorized by the Company.
  7. "Customer Data" means all electronic data and information that the User registers or stores on the Service.
  8. "Malicious code" means viruses, worms, time bombs, Trojan horses and other harmful code, files, scripts, agents and programs.
    9.  

Article 3 (Business consignment)

  1. The Company shall be able to outsource all or part of the business related to this service to a third party at the responsibility of the Company.
  2. When outsourcing business based on the preceding paragraph, the Company selects a business operator that manages information appropriately, then the Company concludes a contract with the outsourced company that defines how to handle personal information. We will ensure the security of personal information.

Article 4 (Matters related to the contents of this service)

  1. subscription
    1. This service is provided when the user purchases a subscription.
  2. Update of this service, etc.
    1. The Company will update, change, correct, add and do other necessary measures (hereinafter collectively referred to as "update") to this service from time to time for the purpose of improving functions and repairing defects.
    2. This agreement and this service provided, based on this agreement, shall be the latest after renewal. Due to the update, all or part of the old version of the service (the service before the latest update) may not be provided.
    3. The update of this service may have some influence on the environment in which the user uses this service. The user shall judge at his / her own risk whether the updated application or software matches the user's environment and purpose of using this service.
  3. Additional service
    1. The right to use optional services (hereinafter referred to as "additional service") will be provided as part of this service after the conclusion of this agreement, constituted as a part of the subscription.
    2. For additional services, this agreement applies unless otherwise specified.
  4. usage limit
    1. The Company may restrict the use of this service by the user if the user violates this agreement, or if it is recognized that there is a risk of it.
  5. Handling of customer data
    1. We use customer data on this service for the following purposes.
      1. To provide this service to users
      2. For system construction, improvement, and maintenance of this service
      3. For support
    2. The Company shall not use customer data for purposes other than those specified in (1) above, and we guarantee to protect it from loss, destruction, falsification, and leakage based on the Personal Information Protection Law and related laws and regulations. Management measures shall be taken and strictly managed. 
    3. Customer data shall be limited to information legally acquired in accordance with the Personal Information Protection Law and related laws and regulations.
    4. Customer data ・ Information provided by customers may be restricted or deleted at our discretion. In those cases, the reason for that case will not be disclosed.

Article 5 (Obligation regarding this service)

  1. Our obligations
    The Company shall bear the following obligations regarding this service.
    1. To provide the following support to users as part of paid services
      1. Scope of support: Responding to inquiries regarding general operations of this service
      2. Support method: Email
      3. Correspondence time: Our business day
    2. Except for the following cases, strive to provide paid services 24 hours a day, 7 days a week.
      1. Planned outage due to server maintenance, etc.
      2. Stopping operation due to force majeure
  2. User obligations
    The user shall have the following obligations regarding this service.
    1. The user shall use this service legally and properly in accordance with applicable laws and user guides under the terms of this agreement.
    2. Responsible for the accuracy, completeness and legality of customer data and the adequacy of the method by which the user obtained customer data.
    3. Make reasonable efforts to prevent unauthorized access or use of this service, and if you discover unauthorized access or use, promptly notify us.
    4. Do not perform the following acts
      1. To let someone other than this user use this service
      2. Selling, reselling, renting or leasing this service or subscription
      3. Use this service to save or send malicious code
      4. Other acts that are deemed to deviate from the legal and proper use of this service

Article 6 (Fee and Payment)

  1. Price
    1. The user shall pay the fee specified in the application form to the Company.
    2. The fee will be paid regardless of whether or not you actually use this service.
    3. The subscription fee will be charged at the start of use of the subscription, based on the monthly fee, for the month starting from the start date of use of the subscription and the anniversary of the month (hereinafter referred to as "unit month"). The user will be required to pay for one month until the end of the term, even if the user’s subscription date gets renewed afterwards. In addition, if there is a change in the plan, its usage charge will start from the same month in which that the change occurred.
    4. The paid fee will not be refunded. We do not calculate on a daily basis.
  2. Billing and payment
    The user, upon request from the Company or the claimant, will pay in the payment method specified.
  3. Applicable suspension of service and loss of profit due to payment delay
    If the performance of the user's financial obligations under this agreement is delayed, the benefits of this service will naturally be lost. In this case, we may suspend the provision of this service to the user until all debts and late interests have been fully paid back to the Company.

Article 7 (Confidentiality)

  1. Definition of confidential information
    1. Confidential Information” means all information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. The user's confidential information shall include customer data, and our confidential information shall include all information regarding this service. In addition, the confidential information of each party shall include the terms and conditions such as this agreement and the purchase order.
    2. Notwithstanding the provisions of the preceding paragraph, the following information shall not be confidential information (however, this does not apply to customer data).
      1. Information that was already known at the time of disclosure
      2. Information that the recipient knew before disclosure
      3. Information originally developed by the recipient
      4. Information received from a third party without obligation of confidentiality
  2. Protection of confidential information
    Recipients of Confidential Information have the following obligations, unless otherwise provided in this Agreement and this Agreement:
    1. Do not disclose or leak confidential information to a third party without the prior consent of the disclosing party.
    2. Manage confidential information with the duty of care of a good manager, and prevent confidential information from being used for purposes other than the provision or use of this service based on this agreement and this agreement.

Article 8 (Limitation of Liability)

  1. Limitation of damages
    If we are liable for damages to you with respect to these Terms, this Agreement or the Services, the total amount shall be the Terms and this Agreement, regardless of whether it is based on contractual nonconformity liability, tort liability or any other legal liability. The upper limit is the total amount paid to us by the user based on the contract, and the upper limit is the amount paid to us by the user based on this agreement and this contract within one month before the occurrence of the liability.
  2. Exclusion of damage
    The company will not be responsible for the damages that the user has suffered due to the use of this service such as lost profits, indirect damages, special damages, incidental damages, for punitive or consequential damages. In addition, we shall not be liable for damages not regarding the contract liability, tort liability or any other legal liability.

Article 9 (Contract period and cancellation)

  1. Contract period
    1. This contract is established when the user applies after agreeing to this agreement and the Company accepts it.
    2. This contract will be terminated when any of the following reasons occur.
      1. When all subscriptions granted in accordance with this agreement have expired
      2. When this contract is canceled or canceled
      3. When it becomes extremely difficult to provide this service due to force majeure.
  2. Subscription validity period
    1. Subscriptions purchased by the user are valid on the first day of use and remain valid for the duration of the subscription. The user can cancel subscription by applying for cancellation according to the Company’s stipulations, at any time. Your subscription will automatically renew on a yearly basis and so on.
  3. Release of subscription
    The Company or the user may immediately cancel this contract without any notice if the other party has the following reasons.
    1. When the other party violates this agreement or this agreement
    2. When the other party is subject to compulsory execution, auction petition, or other similar procedures
    3. When the other party is suspended from payment, when the other party is subject to a petition for legal proceedings such as bankruptcy proceedings, civil rehabilitation proceedings, etc., or when the other party starts private reorganization proceedings
  4. Cancellation
    1. When the user applies to cancel the service for any reason. In this case, no penalty or cancellation fee will be charged.
    2. Cancellation procedures can be performed by the user performing a cancellation application procedure on our service. If you are paying by credit card, bank debit, etc., you will continue to pay if you do not cancel the membership, so please be sure to complete the withdrawal procedure. The fee you paid is a monthly fee and will not be refunded on a daily basis. The service will be available until the end of the month of application.

Article 10 Usage fee

A monthly usage fee will be charged according to the usage plan specified by our service. The user shall pay the monthly usage fee by the method specified by the Company.

The 11th Article (Immediate Release by the Company)

If the user violates this agreement, we shall be able to immediately cancel this agreement without any notice. We will not disclose the reason. We are not responsible for any damages.

The 12th Article (General Provisions)

  1. Elimination of Criminal Groups
    The Company and the users guarantee the other party the following facts:
    1. We have never been, or currently is part of a criminal group
    2. There is no possibility that management is controlled by a criminal group.
    3. Do not use criminal groups and do not have a relationship, such as funding, with criminal groups.
    4. Officers, etc. are not part of a criminal group and have no relationship with criminal groups.
  2. Assignment
    Neither we nor you may assign your rights or obligations under this Agreement to a third party without the prior written consent of the other party.
  3. Jurisdiction
    Disputes between the parties related to this agreement and this agreement shall be subject to the exclusive jurisdiction of the Tokyo District Court of Japan.

that's all

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